Monthly Archives: February 2014

The Hawaii Supreme Court Answers “Other Insurance” Provisions and the Duty to Defend

The Hawaii Supreme Court in Nautilus Ins. Co. v. Lexington Ins. Co., — P.3d —-, 2014 WL 560805 (2014), answers the following certified questions from the 9th Circuit on “other insurance” provisions and the duty to defend: 1. Whether an insurer may look to another insurer’s policy in order to disclaim the duty to defend, where the complaint in the underlying lawsuit alleges facts within coverage. Unless another insurer’s policy is specifically named in the first insurer’s policy, an insurer may not look to another insurer’s policy in order to disclaim the duty to defend, where the complaint in the underlying lawsuit alleges facts within coverage. 2. Whether an “other insurance” clause that purports to release an otherwise primary insurer

Posted in Bad Faith
Avoiding Insurance Bad Faith
Cozen O’Connor represents insurance clients in jurisdictions throughout the U.S. against statutory and common law first- and third-party extracontractual claims for actual and consequential damages, penalties, punitive and exemplary damages, attorneys’ fees and costs, and coverage payments. Whether bad faith claims are addenda to a broader coverage matter or are central to the complaint, Cozen O’Connor attorneys know how to efficiently respond to extracontractual causes of action. More
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